Regulation 37 Powers of authorised persons
An authorised person may at all reasonable times and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of—
carrying out sampling checks, and
ascertaining whether an offence under regulation 38 has been or is being committed.
An authorised person shall have the right to enter any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that—
a medicated pre-mix or intermediate product is being or has been retail supplied or is being kept there for the purpose of being retail supplied;
an intermediate product or medicated feedingstuff is being or has been manufactured;
a medicated feedingstuff is being or has been placed on the market, put into circulation, supplied or used or is being kept there for the purpose of being placed on the market, put into circulation, supplied or used; or
a medicated feedingstuff is being or has been held.
An authorised person entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him to be necessary.
An authorised person shall have the right to inspect—
any substance appearing to him to be a medicated pre-mix, an intermediate product or a medicated feedingstuff;
any article appearing to him to be a container or package used or intended to be used to contain a medicated feedingstuff, or to be a label used or intended to be used in connection with the labelling of any such feedingstuff; and
any plant or equipment appearing to him to be used or intended to be used in connection with the manufacture of an intermediate product or medicated feedingstuff and any process of manufacture of such a product or feedingstuff, and the means employed, at any stage in the process of manufacture, for testing the product or feedingstuff after it has been subject to those processes.
An authorised person shall have the right to take a sample of—
any substance appearing to him to be a medicated pre-mix and to be in the course of being, or having been, retail supplied;
any substance appearing to him to be an intermediate product and to be in the course of being, or having been, manufactured or retail supplied;
any substance appearing to him to be a medicated feedingstuff and to be in the course of being, or having been, manufactured, placed on the market, put into circulation, supplied or used or to be otherwise being held; and
a substance appearing to him to be used or intended to be used in the manufacture of an intermediate product or medicated feedingstuff.
An authorised person shall have the right—
to require any person carrying on a business which consists of or includes the activities of—
retail supply of a medicated pre-mix or intermediate product;
manufacture of an intermediate product or medicated feedingstuff;
placing on the market, putting into circulation, supply or use of a medicated feedingstuff,
and any person employed in connection with such a business, to produce any records relating to those activities which are in his possession or under his control, including records kept pursuant to regulations 19, 22 and 24(1)(g) and an MFS prescription, or a copy of such a prescription, and
to take copies of, or of any entry in, any record, produced in pursuance of the preceding paragraph.
An authorised person exercising the power conferred by paragraph (6) in respect of a record held by means of a computer—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the record in question;
may require—
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford the authorised person such reasonable assistance as he may require for the purpose; and
may require the record, or an extract from the record, to be produced in a form in which it may be taken away.
An authorised person shall have the right to seize and detain any medicated pre-mix, intermediate product or medicated feedingstuff which he has reason to believe to be a medicated pre-mix, an intermediate product or a medicated feedingstuff in relation to which, or by means of which, an offence under these Regulations is being or has been committed, and any record, including a record kept pursuant to regulations 19, 22 and 24(1)(g) and an MFS prescription, or a copy of such prescription, which he has reasonable cause to believe to be a record which may be required as evidence in proceedings under these Regulations.